5.  The applicant was born in 1963 and lives in Seliște.
6.  On 28 November 2012 the applicant was arrested by the police at his home and charged with child trafficking. He was accused of recruiting and travelling with four minors aged from 14 to 17 to Ukraine, where the children did agricultural work.
7.  On 30 November 2012 the prosecutor applied to the Centru District Court for a warrant for the applicant’s detention in custody. The reasons relied upon by the prosecutor were that the applicant could abscond from prosecution, interfere with the criminal investigation and reoffend.
8.  On the same day the Centru District Court issued an arrest warrant for thirty days’ custody. In court the applicant argued that the allegations made by the prosecutor were not supported by any facts and that no evidence had been submitted by the prosecutor. According to the verbatim record, he explicitly asked for access to the supporting evidence attached to the prosecutor’s request for detention, but was refused. He also submitted medical records which stated that he had two broken ribs and was suffering from post-traumatic pneumonia (see paragraph 17 below); he argued that his state of health required treatment in hospital. The court heard Doctor A., who confirmed the applicant’s assessment of his state of health and that it required hospitalisation because the treatment was difficult and lengthy. The prosecutor and the court accepted the medical records as evidence. The court accepted that the applicant’s state of health required medical treatment, but concluded that such care could also be provided at home. The applicant asked to be released on bail, in response to which the court cited the legal provisions which entitled it to remand in custody a person at risk of absconding and of reoffending. The court concluded that the applicant presented such a risk because he was charged with an exceptionally serious offence.
9.  The applicant appealed and argued, inter alia, that the detention order was unlawful under Article 177 (11) of the Code of Criminal Procedure because it lacked reasoning referring to the specific case, and because the court had relied only on suppositions and had ignored the proposed non-custodial alternative. The applicant relied on the provisions of Article 308 of the Code of Criminal Procedure, arguing that, contrary to those provisions, the court had refused to provide his representative with any of the contents of the file other than the prosecutor’s request, and did not generally examine such material. He also argued that his state of health required medical treatment which he had not received in custody.
10.  On 6 December 2012 the Chișinău Court of Appeal dismissed the applicant’s appeal, relying on the same reasons as the lower court. The court did not reply to any of the contentions made by the applicant in his appeal.
11.  On 26 December 2012 the Centru District Court extended the applicant’s detention by thirty days for the same reasons as before. The court dismissed the applicant’s allegations about his health as unsubstantiated, and referred to the previously submitted medical records (see paragraph 8 above) as “some copies of some documents” which could not be accepted as evidence because they did not comply with Article 94 (1) p.6 of the Code of Criminal Procedure (they originated from a source unverifiable in court). The court concluded that Prison no. 13 and the Prisons Department in general had special divisions for medical care which could assist the applicant if necessary.
12.  The applicant appealed and argued, inter alia, that the decision was unlawful and in breach of Article 5 § 1 of the Convention, because it did not explain how the cited legal provisions applied to his case and did not state any reasons for refusing the applicant’s request to be released on bail. He also claimed that the court had refused to give him access to the case file and had only examined the prosecutor’s request, contrary to the provisions of the Code of Criminal Procedure. He stated that the court had disregarded valid evidence in respect of his state of health, and asked for Doctor A. to be heard again in appellate proceedings. He also stated that he had not received any medical treatment since his arrest.
13.  On 11 January 2013 the Chișinău Court of Appeal upheld the decision of the Centru District Court of 26 December 2012, without answering the points made by the applicant in his appeal.
14.  On 22 January 2013 the prosecutor applied for an extension of the applicant’s detention, citing identical reasons to those given previously. However, on 24 January 2013 the Centru District Court refused the request and released the applicant under judicial control. The court found that there was no longer any risk of the applicant’s interfering with the course of the investigation or reoffending, and concluded that the severity of the sanction alone could not justify an extension of his detention. This decision does not appear to have been appealed against.
15.  From 28 November to 5 December 2012 the applicant was detained in the detention unit (Izolatorul de detenție provizorie, “the IDP”) of the General Police Headquarters. The applicant was transferred to Prison no. 13 on 5 December 2012 and released from detention on 24 January 2013.
16.  The parties dispute the applicant’s medical condition.
17.  According to the medical records submitted by the applicant, on 1 October 2012 he was diagnosed with thoracic trauma, two broken ribs and a contusion of the right shoulder after he fell while working. On 23 October 2012 he was diagnosed with post-traumatic bronchopneumonia on the right side, fracture of the fourth and fifth right ribs, sub-febrile condition, chest pain after thoracic trauma, and bilateral tuberculosis lung scars. The doctors recommended the applicant stay in bed, have his ribcage tightly bandaged, and have intra-muscular antibiotic treatment for his pneumonia.
18.  At the hearing of 30 November 2012, before the Centru District Court, Doctor A. confirmed the applicant’s diagnosis of post-traumatic pneumonia, and stated that it was her medical opinion that he needed inpatient treatment. She confirmed that previous medical records had not contained a similar recommendation. At the same hearing, the applicant stated that he was in pain and could not sleep because of his broken ribs; he was given pain relief medication on only one occasion while in detention.
19.  At the hearing of 26 December 2012 before the Centru District Court, the applicant claimed that he had not been visited by a doctor during the whole period of his detention.
20.  A note in the medical records dated 14 December 2012 reconfirmed the diagnosis of post‑traumatic pneumonia and stated that the previously prescribed treatment had not been completed.
21.  On 22 December 2012 the applicant’s lawyer complained to the prosecutor about the applicant’s detention conditions in Prison no. 13, and in particular about the lack of medical assistance for his broken ribs and acute pneumonia. It is unclear if he obtained a reply.
22.  The Government disputed the applicant’s diagnosis of pneumonia and cited the findings of the Centru District Court on 26 December 2012, which dismissed the medical records submitted by the applicant as non‑compliant with Article 94 of the Code of Criminal Procedure (see paragraph 11 above).
23.  The Government submitted to the Court a medical examination report drawn up upon the applicant’s admission to the IDP on 29 November 2012, according to which the applicant had complained of pain in his right arm and had said he needed pain relief medication twice a day. The examination reported a tuberculosis episode in 2010 and no recent trauma or injuries.
24.  An extract from the applicant’s medical record from prison stated that the applicant had been medically examined upon his admission on 5 December 2012; this was when the presumptive diagnosis of tuberculosis lung scars was made. On that occasion the applicant did not report other complaints or previous medical conditions. On 10, 11, 12 and 14 December 2012 the applicant was seen by the prison doctor for tuberculosis recurrence; sputum tested negative for tuberculosis; blood tested negative for syphilis. On 14 December 2012 thoracic microradiography confirmed a bilateral encysted pleurisy (inflammation of the lung lining). The report concluded that there was no active pulmonary tuberculosis and recommended a repeated sputum and microradiography test in six months.
25.  The Government submitted that the applicant had never complained about his health, had not presented any medical records, had never requested medical assistance, and asserted that during detention his overall state of health had been satisfactory.